Application for Permanent Employment Certification ETA Form 9089 ... - DOL

OMB Control Number: 1205?0451

Expiration Date: 06/30/2011

Application for Permanent Employment Certification

ETA Form 9089 ¨C Instructions

U.S. Department of Labor

IMPORTANT: Please read these instructions carefully before completing the ETA Form 9089 ¨C Application for Permanent

Employment Certification. These instructions contain full explanations of the questions and attestations that make up the ETA

Form 9089.

Any employer or alien, or their agent or attorney, who knowingly and willingly furnishes any false information in the preparation

of ETA Form 9089 and any supporting documentation, or aids, abets, or counsels another to do so is committing a federal

offense, punishable by fine or imprisonment up to five years or both (18 U.S.C. ¡ì¡ì 2, 1001). Other penalties apply as well to

fraud or misuse of this immigration document and to perjury with respect to this form (18 U.S.C. ¡ì¡ì 1546, 1621).

Employing or continuing to employ an alien unauthorized to work in the United States is illegal and may subject the employer

to criminal prosecution, civil money penalties, or both.

Privacy Statement Information

In accordance with the Privacy Act of 1974, as amended (5 U.S.C. 552a), you are hereby notified that the information provided herein is

protected under the Privacy Act. The Department of Labor (Department) maintains a System of Records titled Employer Application and

Attestation File for Permanent and Temporary Alien Workers (DOL/ETA?7) that includes this record.

Under routine uses for this system of records, case files developed in processing labor certification applications, labor condition applications,

or labor attestations may be released as follows: in connection with appeals of denials before the DOL Office of Administrative Law Judges

and Federal courts, records may be released to the employers that filed such applications, their representatives, to named foreign workers or

their representatives, and to the DOL Office of Administrative Law Judges and Federal courts? and in connection with administering and

enforcing immigration laws and regulations, records may be released to such agencies as the DOL Office of Inspector General, Employment

Standards Administration, the Department of Homeland Security, and the Department of State.

Further relevant disclosures may be made in accordance with the Privacy Act. To obtain information on further relevant disclosures of this

record, please visit the DOL website at .

OMB Notice

Paperwork Reduction Act/Information Control Number 1205?0451

Persons are not required to respond to this collection of information unless it displays a currently valid OMB control number. Respondent¡¯s reply

to these reporting requirements is mandatory to obtain the benefits of permanent employment certification (Immigration and Nationality Act,

Section 212(a)(5)). Public reporting burden for this collection of information is estimated to average 2 hours per response, including the time for

reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection

of information. Send comments regarding this burden estimate to the Office of Foreign Labor Certification, U.S. Department of Labor, Room C?

4312, 200 Constitution Ave., NW, Washington, DC 20210 Do NOT send the completed application to this address.

Regulatory Information

The permanent labor certification program is governed by the Immigration and Nationality Act, 8 U.S.C. 1101 et seq. and

20 CFR part 656. This regulation can be found at . Employers applying

for labor certification must comply with all regulatory and statutory requirements.

Any employer or foreign worker, or their agent or attorney, who knowingly and willingly furnishes any false information in the

preparation of the ETA Form 9089 and any supporting documentation, or aids, abets, or counsels another to do so is

committing a federal offense, punishable by fine or imprisonment up to five years or both (18 U.S.C. ¡ì¡ì 2, 1001). Other

penalties apply as well to fraud or misuse of this immigration document and to perjury with respect to this form (18 U.S.C. ¡ì¡ì

1546, 1621).

Employing or continuing to employ a foreign worker unauthorized to work in the United States is illegal and may subject the

employer to criminal prosecution, civil money penalties, or both.

How to File

A. Who May File:

Instructions for ETA Form 9089

Page 1 of 23

OMB Control Number: 1205?0451

Expiration Date: 06/30/2011

Application for Permanent Employment Certification

ETA Form 9089 ¨C Instructions

U.S. Department of Labor

An employer who desires to apply for a labor certification on behalf of a foreign worker, for occupations other than in

sports, must file the ETA Form 9089.

B. How/Where to File

1. For all occupations other than Schedule A and Sheepherder, the ETA Form 9089 must be submitted to the

Department of Labor for processing in one of two ways:

¡¤

¡¤

Online (electronically). Employers can complete and submit their applications online at

.

Mail (non?electronically). Employers can complete and mail applications to the Department of Labor National

Processing Center serving the state where the job will be located. National Processing Center addresses, and a

downloadable ETA Form 9089 and accompanying instructions can be found at

.

2.

Applications for Sheepherder and Schedule A occupations are not adjudicated by the Department of Labor. All

applications (ETA Form 9089) for Sheepherder and Schedule A occupations must be mailed as part of the filing of

Form I?140, Immigrant Petition for Alien Worker, to the U.S. Citizenship and Immigration Services¡¯ service center

serving the state where the job will be located. Service center addresses can be found at

3.

All application information (a copy of the certified ETA Form 9089, recruitment information, etc¡­) must be retained by

the employer or its attorney/agent for five years from the date of filing the Application for Permanent Employment

Certification.

In accordance with Federal Regulations at 20 CFR 656.17(a)(1), incomplete applications will be denied by the

Department of Labor. If submitting this form non?electronically, ALL fields/items must be completed. In fields/items

for which there is no answer, enter ¡°N/A¡± or ¡°0¡± (zero) if the field/item is a number field. If submitting this form

electronically, you may leave fields/items for which there is no answer blank, and, at the end of each page, you will be

asked to confirm your desire to leave these fields/items blank. When the application is printed, all fields/items

intentionally left blank will be automatically pre?populated with ¡°N/A.¡±

Section A

Schedule A or Sheepherder Information

1. If the job opportunity is for a Schedule A or a Sheepherder occupation, mark ¡°Yes,¡± complete an ETA Form 9089 off?line or

online using a fillable form, and submit the completed application to the U.S. Citizenship and Immigration Services (USCIS) as

part of the filing of Form I?140, Immigrant Petition for Alien Worker. USCIS filing information can be found at .

DO NOT submit Schedule A or Sheepherder applications to the Department of Labor.

Section B

Foreign Worker¡¯s Name

If submitting this form electronically, the information entered in items B.1?B.3 will pre?populate items J.1?J.3 and K.1?K.3 of the

form. If submitting this form non?electronically, you will need to re?enter this information in items J.1?J.3, and K.1?K.3 of the

form.

1. Enter the last (family) name of the foreign worker. If the foreign worker has only one name, enter the name in this field and

enter ¡°FNU¡± (first name unknown) in the first name field.

2. Enter the first (given) name of the foreign worker. If the foreign worker has only one name, enter the name in the last name

field and enter ¡°FNU¡± (first name unknown) in this field.

3. Enter the full middle name of the foreign worker. If the foreign worker does not have a middle name, enter ¡°N/A.¡±

Instructions for ETA Form 9089

Page 2 of 23

OMB Control Number: 1205?0451

Expiration Date: 06/30/2011

Application for Permanent Employment Certification

ETA Form 9089 ¨C Instructions

U.S. Department of Labor

Section C

Employer Information (Headquarters or Main Office)

Note: If submitting this form non?electronically and a question is not applicable, enter ¡°N/A¡± or ¡°0¡± (zero), as appropriate in

questions 1 to 17 below.

1. Enter the full legal name of the business, person, association, firm, corporation, or organization, i.e., the employer, filing this

application. The employer¡¯s full legal name is the exact name of the individual, corporation, LLC, partnership, or other

organization that is reported to the Internal Revenue Service.

2. Enter the full trade name or ¡°Doing Business As¡± (DBA) name, if applicable, of the business, person, association, firm,

corporation, or organization, i.e., the employer filing this application. If submitting this form non?electronically and no trade

name or ¡°Doing Business As¡± (DBA) name, enter ¡°N/A.¡±

3. Enter the street address of the employer¡¯s principal place of business.

4. If additional space is needed for the street address, use this line. If submitting this form non?electronically and no additional

space is needed, enter ¡°N/A.¡±

5. Enter the city of the employer¡¯s principal place of business. If the city and country are the same, the name must still be

entered in both fields.

6. Enter the state of the employer¡¯s principal place of business. If submitting this form non?electronically and no state, enter

¡°N/A.¡±

7. Enter the postal (zip) code of the employer¡¯s principal place of business. If submitting this form non?electronically and no

postal code, enter ¡°0¡± (zero).

Section C Continued

8. Enter the country of the employer¡¯s principal place of business. If the city and country are the same, the name must still be

entered in both fields.

9. Enter the province of the employer¡¯s principal place of business. If submitting this form non?electronically and no province,

enter ¡°N/A.¡±

10. Enter the area code and telephone number for the employer¡¯s principal place of business. Include country code, if

applicable.

11. Enter the extension of the telephone number for the employer¡¯s principal place of business. If submitting this form non?

electronically and no extension, enter ¡°0¡± (zero).

12. Enter the number of employees currently on the employer¡¯s payroll, i.e., employed by the employer, in the area of intended

employment. The area of intended employment is the area within normal commuting distance of the address of the place of

intended employment.

13. Enter the year the employer began business or was incorporated. If the employer is a private household, enter the year

the Internal Revenue Service (IRS) issued a Federal Employer Identification Number (FEIN). Use a full year (YYYY) format.

Instructions for ETA Form 9089

Page 3 of 23

OMB Control Number: 1205?0451

Expiration Date: 06/30/2011

Application for Permanent Employment Certification

ETA Form 9089 ¨C Instructions

U.S. Department of Labor

14. Enter the employer¡¯s nine?digit FEIN as assigned by the IRS. Do not enter a social security number.

Note: All employers, including private households, MUST obtain an FEIN from the IRS before completing this application.

Information on obtaining an FEIN can be found at .

15. Enter the four to six?digit North American Industry Classification System (NAICS) code. A listing of NAICS codes can be

found at . If submitting this form non?electronically and no NAICS code applies,

enter ¡°0¡± (zero).

16. If the employer is a closely held corporation, partnership, or sole proprietorship in which the foreign worker has an

ownership interest, mark ¡°Yes.¡± Otherwise, mark ¡°No.¡± A closely held corporation is typically one with relatively few

shareholders and whose shares are not generally traded in the securities market.

17. If there is a familial relationship between the foreign worker and the owners, stockholders, partners, corporate officers,

and/or incorporators of the employer, mark ¡°Yes.¡± Otherwise, mark ¡°No.¡±

Section D

Employer Point of Contact Information

An employer point of contact is an employee of the employer whose position authorizes the employee to provide information

and supporting documentation concerning this Application for Permanent Employment Certification and to communicate with

the Department of Labor on behalf of the employer. The employer point of contact should be the individual most familiar with

the content of this application and circumstances of the foreign worker¡¯s employment as the point of contact will be contacted

to verify whether the employer is authorizing the application and sponsoring the foreign worker named within. If submitting this

form non?electronically and one of the questions is not applicable, enter ¡°N/A¡± or ¡°0¡± (zero), as appropriate in questions 1 to 14

below.

Note: The employer point of contact information in this Section, specifically the name, telephone number, and email address,

must be different from the attorney/agent information listed in Section E, unless the attorney is an employee of the employer.

1. Enter the last (family) name of the employer¡¯s point of contact.

Section D Continued

2. Enter the first (given) name of the employer¡¯s point of contact.

3. Enter the middle initial of the employer¡¯s point of contact.

4. Enter the job title of the employer's point of contact.

5. Enter the business street address for the employer¡¯s point of contact.

6. If additional space is needed for the street address, use this line. If submitting this form non?electronically and no additional

space is needed, enter ¡°N/A.¡±

7. Enter the city of the employer¡¯s point of contact. If the city and country are the same, the name must still be entered in both

fields.

8. Enter the state of the employer¡¯s point of contact. If submitting this form non?electronically and no state, enter ¡°N/A.¡±

9. Enter the postal (zip) code of the employer¡¯s point of contact. If submitting this form non?electronically and no postal code,

enter ¡°0¡± (zero).

10. Enter the country of the employer¡¯s point of contact. If the city and country are the same, the name must still be entered in

Instructions for ETA Form 9089

Page 4 of 23

OMB Control Number: 1205?0451

Expiration Date: 06/30/2011

Application for Permanent Employment Certification

ETA Form 9089 ¨C Instructions

U.S. Department of Labor

both fields.

11. Enter the province of the employer¡¯s point of contact. If submitting this form non?electronically and no province, enter

¡°N/A.¡±

12. Enter the area code and business telephone number of the employer¡¯s point of contact. Include country code, if

applicable.

13. Enter the extension of the telephone number of the employer¡¯s point of contact. If submitting this form non?electronically

and no extension, enter ¡°0¡± (zero).

14. Enter the business e?mail address of the employer¡¯s point of contact. If submitting this form non?electronically and no

e?mail address, enter ¡°N/A.¡±

Section E

Attorney or Agent Information

Note: The attorney/agent information in this Section, specifically the name, telephone number, and email address, must be

different from the employer¡¯s point of contact information in Section D, unless the attorney is an employee of the employer.

1. Identify whether the employer is represented by an attorney or agent in the process of filing this application. Only mark one

box. If ¡°Yes¡± complete the remainder of Section E. If submitting this form non?electronically and ¡°No¡± in question 1, enter

¡°N/A¡± or ¡°0¡± (zero), as appropriate, in questions 2 to 19 and continue to Section F.

2. Enter the last (family) name of the attorney/agent. If submitting this form non?electronically and ¡°No¡± in question 1, enter

¡°N/A.¡±

3. Enter the first (given) name of the attorney/agent. If submitting this form non?electronically and ¡°No¡± in question 1, enter

¡°N/A.¡±

4. Enter the middle initial of the attorney/agent. If submitting this form non?electronically and ¡°No¡± in question 1, enter ¡°N/A.¡±

Section E Continued

5. Enter the street address of the attorney/agent. If submitting this form non?electronically and ¡°No¡± in question 1, enter ¡°N/A.¡±

6. If additional space is needed for the street address, use this line. If submitting this form non?electronically and no additional

space is needed, or ¡°No¡± in question 1, enter ¡°N/A.¡±

7. Enter the city of the attorney/agent. If submitting this form non?electronically and ¡°No¡± in question 1, enter ¡°N/A.¡±

8. Enter the state of the attorney/agent. If submitting this form non?electronically and ¡°No¡± in question 1, enter ¡°N/A.¡±

9. Enter the postal (zip) code of the attorney/agent. If submitting this form non?electronically and ¡°No¡± in question 1, enter ¡°0¡±

(zero).

10. Enter the country of the attorney/agent. If submitting this form non?electronically and ¡°No¡± in question 1, enter ¡°N/A.¡±

11. Enter the province of the attorney/agent. If submitting this form non?electronically and no province, or ¡°No¡± in question 1,

enter ¡°N/A.¡±

12. Enter the area code and telephone number of the attorney/agent. Include country code, if applicable. If submitting this

form non?electronically and ¡°No¡± in question 1, enter ¡°0¡± (zero).

Instructions for ETA Form 9089

Page 5 of 23

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